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Erb's Palsy Litigation

Taking legal action in the aftermath of your child's brachial injury can help bring your family and you closure. However, the process of litigation is complex and requires skilled legal representation.

If you prevail in your lawsuit, your family may receive compensation for medical expenses of your child and future treatment. Find out more about the Erb's syndrome lawsuit procedure.

The Legal Process

Families file lawsuits against Erb's palsy to get reimbursement for medical expenses and other expenses. The amount of money awarded will depend on the severity of your child's injuries as well as the particular case. It can easily reach millions of dollars.

Many Erb's palsy lawsuits are settled outside of court. The lawyers of both the plaintiff and defendant collaborate to reach a settlement that is acceptable to both parties. This can significantly shorten the legal process and prevent your family from having to go before an attorney or a jury. If your family members are unable to reach an agreement on a settlement the family will have to go to court. It can take a long time, but it can also potentially result in a higher award.

The brachial nerves control the movement of the arm. During labor and delivery excessive forceful pulling on the neck, head or shoulders or on arms, could damage these nerves, causing Erb's palsy. This injury is often prevented. Families seek to hold negligent healthcare providers accountable for the harm they cause. They also wish to raise awareness of the birth injury that could have been prevented. In the past these lawsuits helped families get an equitable financial settlement and help their child get back on path.

Arbitration or Mediation

If your child was injured by an injury to the brachial nerve during the womb as a result of medical negligence, an Erb's settlement can help pay for his or her treatment. This can include therapy, surgery as well as assistive devices and treatment.

Many lawsuits are settled out of court. This means that plaintiffs can receive an amount of money faster and avoids the possibility of a judge ruling to overturn a jury verdict. Your lawyer and the hospital's attorneys are likely to seek an agreement before the trial gets underway.

If you fail to reach an agreement, the case will be taken to arbitration. A neutral third party will hear both sides and decide who is the winner of the case. This kind of hearing could be more informal than a trial, but it is crucial to present witnesses and evidence for the hearing.

You should also have copies of all your legal documents and witnesses in order to present them at the hearing. Witnesses can attend the hearing in person, or you can present their testimony via video conference. You must ensure that all witnesses are aware that they must attend the hearing by submitting subpoenas in advance. Also, keep your witnesses' phone numbers and addresses on file, in case you have to contact them as a future witness.

Complaints in Court

Many children with Erb's -Pallsy can overcome physical limitations with intense physical therapy every day. Some will require surgery to repair torn or damaged nerve fibers. However, a large percentage of children are not able to recover to any measurable degree and must live with the handicaps of this birth injury for the rest of their life. Parents who believe that their child's Erb palsy is a result of medical malpractice during the delivery process are entitled to a fair amount of compensation.

Your lawyer will work with specialists in treating this condition to develop an estimated cost of living for life estimate. This will help determine the amount you're entitled to from your Erb's palsy settlement. Your lawyer can also assist you obtain copies of your child's medical records, and also determine whether the doctor who gave you your child's diagnosis had a prior history of malpractice cases.

Once your lawyer has a clear knowledge of the injuries suffered by your child then she will file your lawsuit against the defendants. Both parties will go through the discovery phase, which includes exchanging evidence including expert opinions, depositions, medical records and more. This is an important part of your legal case as it helps you build your arguments. Settlements can take up to one year.

Settlement

When your Erb's palsy lawsuit is successful, your lawyer might be able to get compensation that covers medical costs and future treatment costs such as adaptive devices and physical therapy. You may be awarded damages for emotional trauma or loss of quality of life.

Your lawyer will require evidence to prove that a mistake caused the injury to the brachial nerve in your child. This could include medical records, witness statements, as well as expert testimony. After your lawyer has gathered the evidence, he or she will make a claim against the defendants. These are usually the medical professionals that have delivered your child. The defendants are then given a set time frame to respond. During this discovery phase the parties will gather evidence to support their claims.

Most lawsuits are settled out of court instead of going to trial due to the fact that it is cost-effective for all parties involved. If your attorney is convinced that they'll win the case at trial they may decide to pursue it to the jury for a verdict. A successful verdict could give families a sense of justice and help educate people about how to avoid any future birth injuries. If your verdict is not favorable you can appeal. While this process could take longer but it also can increase the amount of the compensation you receive.